JUST-GET-IT COMPLETE IRRIGATION (PTY) LTD T/A JUST-GET-IT
Registration number 2022/857808/07
TERMS AND CONDITIONS
- Introduction
- This website can be accessed by visiting www.just-get-it.co.za, and/or from all related mobi-sites and mobi-domains, and software applications (the “Website”) and is owned and operated by Just-Get-It (“Just-get-it”, “we”, “us” and “our”).
- These Website Terms and Conditions (“Terms and Conditions”) govern the order, sale and delivery of our Goods, and the use of our Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses our Website (hereafter referred to as “you”, “your” or “user”), including and without limitation, each user who registers as contemplated below (hereafter “registered user”). By using the Website or by selecting the “Register Now” button on our Website, as may be applicable, you acknowledge that you have read, understood and agree to be bound fully by these Terms and Conditions.
- Our Website enables you to shop online for an extensive range of goods, including but not limited to irrigation products, electronics, or plumbing products, hardware and more (hereafter jointly referred to as “Goods”).
- Important Notice
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”), and the regulations promulgated under the CPA.
- These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
- may limit the risk or liability of Just-Get-It or any third party; and/or
- may create risk or liability for the user; and/or
- may increase/escalate risk or liability for the user and/or
- may compel the user to indemnify Just-Get-It or a third party; and/or
- serves as an acknowledgement, by the user, of a fact or circumstance.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted and understood by you.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Just-Get-It to explain such terms to you before you accept the Terms and Conditions by using and/or registering on our Website, as the case may be, failing which you may under no circumstances rely on your ostensible failure to understand any term or condition contained herein.
- Nothing in these Terms and Conditions is intended, or must be understood, to unlawfully restrict, limit, or avoid any statutory or other legal right or obligation, as the case may be, created for either you or Just-Get-It in terms of the CPA.
Just-Get-It permits the use of our Website strictly subject to each of these Terms and Conditions. By using our Website in any way, or alternatively registering on our Website as the case may be, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Returns
- Please refer to our Returns Policy for more information about your duties or rights relating to returning our products (and all related refunds, replacements, or repairs). Our Returns Policy is incorporated herein by reference (which means that it forms part of these Terms and Conditions).
- Registration and use of our website
- Only registered users may order Goods on our Website.
- To register as a user, you must provide a unique username and password and provide certain information and personal details to Just-Get-It. You will need to use your unique username and password to access our Website to purchase Goods online. (please also refer to our Privacy Policy)
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied further access to our website.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions. This is because the duty rests on you to protect access to your unique username and password.
- You agree to notify Just-Get-It immediately upon becoming aware of, or reasonably suspecting, any unauthorised access to, or use of, your unique username and password and to take all available steps to mitigate any resultant loss or harm suffered by you as a result of the unauthorised access.
- By using our Website, you warrant that you are 18 (eighteen) years of age or older, and of full legal capacity i.e., you have not been declared as lacking legal capacity by any competent court and/or other competent authority. If you are under the age of 18 (eighteen), or if you are not permitted to enter into a binding agreement by law, you may use our Website only with the involvement and supervision of your lawful parent or legal guardian, in which instance the agreement created by using our website or purchasing our Goods, will automatically be deemed to have been ratified. If your lawful parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions, and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of our Website. In addition, you agree that you will not in any way use any robot, spider, any automatic devices, any alternative hacking or decryption tool, or manual process to monitor, copy, distribute or modify our Website or the information contained herein, without the prior written consent from an authorised Just-Get-It representative (which consent is deemed to be limited only to standard search engine technology employed by Internet search engines or similar websites, to direct or re-direct Internet users to our Website).
You may not use our Website to distribute material, which is defamatory, offensive, injurious or that contains or amounts to any form of hate speech or is otherwise unlawful.
- Conclusion of sales and availability of stock
- Registered users may place orders for Goods, which order Just-Get-It may accept or reject, at its sole discretion and subject to its internal distribution and control procedures. Whether or not Just-Get-It accepts your order depends on the availability of Goods and the correctness of the information relating to the Goods (including but not limited to the price) and timeous receipt of your payment or your payment authorisation by Just-Get-It for the Goods you ordered.
- NOTE: Just-Get-It will indicate the acceptance of your order by delivering the Goods to you, or notifying to collect the Goods at a designated depot/delivery point, and only at that point will an agreement of sale between you and Just-Get-It be of any force or effect (the “Sale”), regardless of any communication from Just-Get-It stating that your order or payment has been confirmed. Just-Get-It will indicate within a reasonable time if your order is rejected (by Just-get-it) by cancelling the order and, as soon as possible thereafter, refunding you for any amount paid by you.
- Prior to the delivery to you or your collection of the Goods, you may cancel an order at any time, provided that you do so before receiving a dispatch or delivery notice from us. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy, which is incorporated herein.
- Placing Goods in the online shopping basket without completing the purchase cycle by affecting payment to us, does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or if the price thereof later changes, without notice to you. You cannot hold Just-Get-It liable in any manner if such Goods are not available in stock, or if the Goods are no longer available at the particular purchase price as promoted to you at the time, if you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by Just-Get-It, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website as soon as reasonably possible. However, we cannot guarantee the availability of our stock, given the frequent changes in the market. When Goods are no longer available after you have placed an order, Just-Get-It will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Payment
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate and u-to date encryption technology.
- All payments for Goods that are for sale by Just-Get-It, must be made via the one of the following methods (depending both on the availability of the payment facility at the time of your purchase and/or your eligibility to use such a method) –
- debit card; where payment is made by debit card, we may require additional personal information from you in order to authorise and/or to verify the validity of your payment. In such cases, we are entitled to withhold delivery of your order until such time as the additional information is received by us and verification is obtained by us for the amounts paid by you. If we do not receive verification of your payment within 24 hours, your order for the Goods will be cancelled with immediate effect. You warrant that you are fully authorised to use the debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the additional bank and administration charges incurred as a result of the verification services used on the Website.
- credit card: where payment is made by credit card, we may require additional personal information in order to authorise and/or verify the validity of payment. In such cases, we are entitled to withhold delivery of your order until such time as the additional information is received by us and verification is obtained by us for the amounts. If we do not receive verification within 24 hours, your order for the Goods will be cancelled with immediate effect. You warrant that you are fully authorised to use the credit card supplied for purpose of paying the for the Goods you ordered. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on our Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit, or via electronic funds transfer, payment must be received by us within 5 (five) working days of placing your order. Just-Get-It will not accept your order if payment has not been received in this period;
- Instant EFT;
- Masterpass;
- Mobicred;
- Snapscan.
- You may contact Just-Get-It to obtain a full record of your payment. We will also send you email communications detailing your order(s) and payment record.
- Delivery of goods
- Just-Get-It offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- courier; or
- self-collection from our designated depots/delivery points.
- For more information about the delivery options, please see our returns policy, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please contact our Help Centre for the most recent information. You will be able to see the applicable delivery charges separately in your cart when you check out your order.
- Where we accept your order, Just-Get-It will deliver the Goods to you as soon as reasonably possible, but irrespective by no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price that you already paid.
- Just-Get-It’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order, alternatively if the order is collected by you from the designated depot/delivery point. Just-Get-It is not responsible for any loss or unauthorised use of a product, after it has been delivered as detailed in this paragraph 7.4.
- Just-Get-It offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
- Errors
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on our Website. However, should there be any errors, of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on the error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- Just-Get-It shall not be bound by any incorrect information regarding our Goods displayed on any websites, save as set out in the Returns Policy.
- Daily Deals and other discounted Goods
- From time to time, we may offer certain Goods at discounted prices to you as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which is explained below (each referred to as “the Deal”). These will be subject to certain conditions (as set out in these Terms and/or our Website), which define the scope of the Deal. If you buy a product within the scope of the Deal, you will pay the discounted price for that product ( “the Deal Price”).
- However, if you buy a product in any manner that fallsoutside of the scope or time limitation of the Deal, then you will pay the current (non-Deal) price, as described on our Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
- As one example of 9.1 and 9.2, which is not the only applicable example thereof if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products ordered thereafter, notwithstanding that the secondary products are ordered within the time that the deal would otherwise apply. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
- Privacy policy
- We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy policy, which is incorporated by reference.
- Changes to these Terms and Conditions
- Just-Get-It may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check and familiarise your with these Terms and Conditions, and to ensure that you are accept the changes. Should you not accept the changes, you must not place any further orders on, or in any other way use, our Website and/or cancel the registration of your user profile within a reasonable time thereafter.
- Any changes to our Website or these Terms and Conditions will only apply to your use of this Website after the change is displayed on our Website through the same portal as the existing Terms and Conditions. If you use the Website after such amended Terms and Conditions have been displayed on our Website, you will be deemed to have read, understood and accepted such changes and therefore be bound thereto.
- Electronic communications
- When you visit our Website or send emails to us, you consent to receiving communications from us or any of our relevant divisions, affiliates or partners electronically, in accordance with our privacy policy as set out in clause 10 above.
- You may at any time opt-out of receiving further communications in accordance with our Privacy Policy.
- Ownership and copyright
- The contents of our Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to intellectual property law, copyright and trade mark law, as may be applicable. The Website Content is the property of Just-Get-It, its advertisers and/or sponsors and/or is licensed to Just-Get-It.
- You will not acquire any right, title, or interest in, or to our Website or our Website Content for whatsoever reason.
- Any use, distribution or reproduction of our Website Content is prohibited, unless expressly authorised in terms of these Terms and Conditions, or otherwise provided for in law.
- Disclaimer
- THE USE OF OUR WEBSITE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME THE FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USING OUR WEBSITE OR PLACING RELIANCE ON ANY INFORMATION ON OUR WEBSITE.
- Whilst Just-Get-It takes all reasonable measures to ensure that the content of our Website is accurate and complete, Just-Get-It makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of our Website or as to the accuracy, completeness or reliability of any information on our Website. If any such representations or warranties are made by Just-Get-It’s representatives or agents, Just-Get-It shall not be bound thereto.
- Just-Get-It is fully indemnified from liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of, or in connection with, or ancillary to your access to or use of our Website and/or any Website content, unless otherwise provided for by law.
- Although Goods sold from our Website may, under specifically defined circumstances, be sold to you under warranty (see Returns Policy), our Website itself, and all information provided on our Website, is provided “as is” and without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
- Any views or statements made or expressed on or regarding our Website are not necessarily the views of Just-Get-It, its directors, employees and/or agents.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Just-Get-It also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise, or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You hereby accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Just-Get-It, its employees, agents or authorised representatives. Just-Get-It is thus fully indemnified against all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of our Website.
- Limitation of liability
- Just-Get-It cannot be held liable for any inaccurate information published on our Website and/or any incorrect prices or other product descriptions displayed on our Website, save where such liability arises from the gross negligence or wilful misconduct of Just-Get-It, its employees, agents or duly authorised representatives/agents. You are encouraged to contact us to report any possible malfunctions or errors to us.
- JUST-GET-IT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE PLACED UPON OUR WEBSITE OR ANY OF THE CONTENT CONTAINED IN OUR WEBSITE; OR YOUR INABILITY TO USE OUR WEBSITE, AND/OR UNLAWFUL ACTIVITY ON OUR WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE ACCESSED FROM OR VIA OUR WEBSITE.
- YOU HEREBY INDEMNIFY JUST-GET-IT AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF OUR WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE ACCESSED FROM OR VIA OUR WEBSITE.
- Availability and termination
- We will use reasonable endeavours to host an interrupted live Website and ensure the proper functionality of our Website, except during scheduled maintenance periods, and are entitled to discontinue access to our Website or any part thereof, with or without notice to you.
- Just-Get-It may in its sole discretion terminate, suspend and modify our Website, with or without notice to you. You agree that Just-Get-It will not be liable to you in the event that it chooses to suspend, modify or terminate our Website other than for processing any orders made by you prior to such time, to the extent that it remains possible to do so.
- If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- At any time, you can choose to stop using the Website, with or without notice to Just-Get-It.
- Governing law and jurisdiction
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions, shall be governed and interpreted in accordance with the laws of the Republic of South Africa, as applicable at the time. Your continued use of our Website will constitute your consent and submission to the jurisdiction of the South African Courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Just-Get-It, you hereby consent to the non-exclusive jurisdiction of the applicable Magistrates Court notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. However nothing herein will prevent Just-Get-It from alternatively instituting legal proceedings in any applicable High Court of the Republic of South Africa.
- Nothing in this clause 17 or otherwise in these Terms and Conditions, limits your right to approach any competent court, tribunal, or forum of competent jurisdiction in terms of the CPA, or any other applicable law.
- Notices and domicilium
- Just-Get-It hereby selects 47 George Street Strand, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Just-Get-It may change this address from time to time and will do so by updating these Terms and Conditions accordingly.
- You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Just-Get-It not less than seven (7) days’ notice in writing.
- Notices must be delivered either by hand, or sent by prepaid registered post, by telefax or by email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery.
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting.
- by email will be deemed to have been received on the date indicated in the “Delivery Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as further confirmation that an email has been received.
- Complaints
- If you have a complaint about the Goods provided by us or require information regarding our internal complaints-handling process, please connect with us via our Website, or you may contact our call centre.
- If we are unable to resolve your complaint to your satisfaction, or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you may elect to approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: Website: http://www.cgso.org.za/Sharecall: 0860 000 272 Email: complaints@cgso.org.za
- Information
- For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), Just-Get-It’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on our Website:
- Full name: JUST-GET-IT COMPLETE IRRIGATION (Pty) Ltd, a private company registered in South Africa with registration number 2022/857808/07
- Main business: Online retailer
- Physical address for receipt of legal service (also postal and street address): 47 GEORGE STREET, STRAND 7140
- Phone number: 021 853 8343
- Email address: info@just-get-it.co.za
- PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Website.
- General
- Just-Get-It may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of our Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
- You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
- Any failure on the part of you or Just-get-it to enforce any right in terms hereof shall not constitute a waiver of that right.
- If any term or condition contained herein is declared invalid, the relevant term or part thereof will be served and the remaining terms and conditions will remain of full force and effect.
- No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
- No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- These Terms and Conditions contain the whole agreement between you and Just-get-it and no other warranty or undertaking is valid, unless contained in this document between the parties.
- For the purposes of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), Just-Get-It’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on our Website: